The Scotch Whisky Regulations 2009

Made: 26th October 2009

Laid before Parliament: 30th October 2009

Coming into force: 23rd November 2009

Accordingly, the Secretary of State makes the following Regulations.

Title, commencement and application

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• (1) These Regulations may be cited as the Scotch Whisky Regulations 2009 and come into force on 23rd November 2009.

• (2) These Regulations apply to drinks and whisky distillates (whether in the form of a drink or not) manufactured in the United Kingdom.

Repeal and revocation

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• (1) The Scotch Whisky Act 1988[^f00005] is repealed.

• (2) The Scotch Whisky (Northern Ireland) Order 1988[^f00006] is revoked.

Definition of “Scotch Whisky” and categories of Scotch Whisky

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• (1) In these Regulations “Scotch Whisky” means a whisky produced in Scotland—

• (a) that has been distilled at a distillery in Scotland from water and malted barley (to which only whole grains of other cereals may be added) all of which have been—

• (i) processed at that distillery into a mash;

• (ii) converted at that distillery into a fermentable substrate only by endogenous enzyme systems; and

• (iii) fermented at that distillery only by the addition of yeast;

• (b) that has been distilled at an alcoholic strength by volume of less than 94.8 per cent so that the distillate has an aroma and taste derived from the raw materials used in, and the method of, its production;

• (c) that has been matured only in oak casks of a capacity not exceeding 700 litres;

• (d) that has been matured only in Scotland;

• (e) that has been matured for a period of not less than three years;

• (f) that has been matured only in an excise warehouse or a permitted place;

• (g) that retains the colour, aroma and taste derived from the raw materials used in, and the method of, its production and maturation;

• (h) to which no substance has been added, or to which no substance has been added except—

• (i) water;

• (ii) plain caramel colouring; or

• (iii) water and plain caramel colouring; and

• (i) that has a minimum alcoholic strength by volume of 40%.

• (2) In these Regulations—

• “Single Malt Scotch Whisky” means a Scotch Whisky that has been distilled in one or more batches—at a single distillery;from water and malted barley without the addition of any other cereals; andin pot stills;

• “Single Grain Scotch Whisky” means a Scotch Whisky that has been distilled at a single distillery except—Single Malt Scotch Whisky; ora Blended Scotch Whisky;

• “Blended Malt Scotch Whisky” means a blend of two or more Single Malt Scotch Whiskies distilled at more than one distillery, or a blend of single malt whisky distillates produced in accordance with the requirements of paragraph (1)(a) and (b) and to which paragraph (1)(c) to (i) will subsequently apply;

• “Blended Grain Scotch Whisky” means a blend of two or more Single Grain Scotch Whiskies that have been distilled at more than one distillery; and

• “Blended Scotch Whisky” means a blend of one or more Single Malt Scotch Whiskies with one or more Single Grain Scotch Whiskies.

General interpretation

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• (1) In these Regulations—

• “authorised officer” means any person appointed by an enforcement authority under regulation 17;

• “blending” has the meaning given in the first sub-paragraph of paragraph (7) of Annex I to Regulation (EC) No 110/2008 as it applies in relation to a combination of whiskies and “blend” and “blended” shall be construed accordingly;

• “enforcement authority” means an authority exercising a function conferred on it by regulation 16;

• “excise warehouse” means a place of security approved under section 92(1) of the Customs and Excise Management Act 1979[^f00007] or section 15(1) of the Alcoholic Liquor Duties Act 1979[^f00008];

• “food authority”—in relation to England, means—a county council;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London borough council;the Common Council of the City of London (in their capacity as a local authority); andthe Council of the Isles of Scilly;in relation to Northern Ireland, means a district council;in relation to Scotland, means a council constituted under section 2 or 3 of the Local Government etc. (Scotland) Act 1994[^f00009]; andin relation to Wales, means a county council or a county borough council;

• “manufacture” includes—keeping for the purpose of maturation; andkeeping, or using, for the purpose of blending, except for domestic blending for domestic consumption;

• “officer” —in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body; andin relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;

• “packaging” has the meaning given in paragraph (17) of Annex I to Regulation (EC) No 110/2008;

• “penalty” means the amount specified in a penalty notice;

• “penalty notice” means a notice offering the opportunity, by payment, in accordance with these Regulations, of a specified amount, to discharge any liability to be convicted of the penalty offence to which the notice relates;

• “penalty offence” means an offence for which a penalty notice may be given under regulation 32;

• “permitted place”, in relation to a place where a whisky has been matured in Scotland, means any place in Scotland to which a whisky (or whisky distillate) that had previously been matured in an excise warehouse in Scotland is moved for a purpose mentioned in sub-paragraph (a), (b), (c), (d) or (f) of regulation 16(2) of the Excise Warehousing (Etc.) Regulations 1988[^f00010] , or any premises in respect of which a person is approved under section 82 of the Finance (No. 2) Act 2023;

• “port health authority” means—in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984[^f00011]), the Common Council of the City of London; andin relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district;

• “premises” includes any place, vehicle or trailer, shipping container (whether used for transporting cargo or for storage), stall or moveable structure, ship or aircraft;

• “presentation” has the meaning given in paragraph (15) of Annex I to Regulation (EC) No 110/2008;

• “protected locality” means a locality mentioned in regulation 10(5);

• “protected region” means a region mentioned in regulation 10(6);

• “Regulation (EC) No 110/2008” means Regulation (EC) No 110/2008[^f00012] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89;

• “Regulation (EU) 2019/787” means Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008;

• “relevant court” means—in relation to England, Northern Ireland and Wales, a magistrates’ court; andin relation to Scotland, a sheriff court;

• “sell” includes offer or expose for sale or have in possession for sale;

• “whisky” has the meaning given in point 2 of Annex II to Regulation (EC) No 110/2008;

• “whisky-based drink” means a drink, other than whisky, that contains whisky; and

• “whisky distillate” means a whisky distillate as described in point 2(a)(i) and (ii) of Annex II to Regulation (EC) No 110/2008.

• (2) Other expressions used in these Regulations and Regulation (EC) No 110/2008 have their meanings in Regulation (EC) No 110/2008.

• (3) In these Regulations “container” (except as used in the expression “shipping container”) has the same meaning as in paragraph (16) of Annex I to Regulation (EC) No 110/2008, and includes any cap or other device by which the receptacle has been closed, any tag attached to the receptacle, and any sheathing covering its neck, and—

• (a) any reference to a container of Scotch Whisky must be construed as a reference to a container into which Scotch Whisky has been put for the purpose of subsequent sale; and

• (b) any reference to the front of a container includes a reference to any label attached to the front of a container.

• (4) In these Regulations any reference to the labelling of Scotch Whisky must be construed as a reference to the labelling of a container of Scotch Whisky for the purposes of subsequent sale (whether by attaching a label to the container, direct printing onto the container, moulding on the container or any other method by which information is included on a container).

• (5) In these Regulations any reference to the packaging of Scotch Whisky must be construed as a reference to the packaging of a container of Scotch Whisky for the purposes of subsequent sale.

Manufacture

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• (1) A person must not manufacture a whisky distillate in Scotland unless it is manufactured in the manner described in regulation 3(1)(a) and (b).

• (2) A person must not manufacture any whisky in Scotland except Scotch Whisky.

Marketing

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• (1) A person must not label, package, sell, advertise or promote any drink as Scotch Whisky or Scotch if it is not Scotch Whisky.

• (2) A person must not label, package, sell, advertise or promote any drink in any other way that creates a likelihood of confusion on the part of the public as to whether the drink is Scotch Whisky.

Movement from Scotland to another country

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• (1) A person must not move any of the following categories of Scotch Whisky from Scotland to another country in a wooden cask or other wooden holder—

• (a) Single Grain Scotch Whisky;

• (b) Blended Malt Scotch Whisky;

• (c) Blended Grain Scotch Whisky; or

• (d) Blended Scotch Whisky.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) On and after 23rd November 2012 a person must not move any Single Malt Scotch Whisky from Scotland to another country except in a bottle (made of any inert material) that is labelled for retail sale.

• (4) For the purposes of this regulation a person is regarded as having moved Scotch Whisky from Scotland to another country if they—

• (a) physically move the whisky from Scotland to another country; or

• (b) arrange (whether directly or through a third party) for another person to physically move the whisky from Scotland to another country.

• (5) In this regulation “retail sale” means any sale except a sale for use or resale in the course of a trade or business.

Compulsory sales descriptions

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• (1) The category into which a Scotch Whisky falls must be stated on—

• (a) the front of a container of Scotch Whisky; and

• (b) any individual packaging used for the transportation of the container, or used for display purposes during the marketing of the whisky, unless, in both cases, the front of the container is clearly visible through that packaging.

• (2) The categories are—

• (a) Single Malt Scotch Whisky;

• (b) Single Grain Scotch Whisky;

• (c) Blended Malt Scotch Whisky;

• (d) Blended Grain Scotch Whisky; and

• (e) Blended Scotch Whisky.

• (3) The name of the category must be—

• (a) printed in a conspicuous place in such a way as to be easily visible and legible to the naked eye and indelible so that it is clear that it is the sales description of the whisky;

• (b) printed in a way that gives equal prominence to each word making up the name of the category; and

• (c) as prominent as any other description of the whisky on the container or packaging, except for—

• (i) any separate use of the description “Scotch Whisky”;

• (ii) any statement relating to the year in which the whisky was distilled, the year in which it was bottled, the period for which it was matured or the age of the whisky; and

• (iii) any descriptive word or words forming part of the brand name.

• (4) The name of the category must not be—

• (a) overlaid or interrupted by other written or pictorial matter; or

• (b) used in conjunction with any other words.

• (5) But paragraph (4)(b) does not prevent the name of a Scottish locality or region from being appended to the name of the category of the whisky to indicate where the Scotch Whisky was distilled if —

• (a) it appears immediately before the name of the category;

• (b) the whisky was distilled in the named locality or region; and

• (c) the use of that name does not otherwise contravene regulation 10.

• (6) A person must not label, package or sell any Scotch Whisky in a way that does not comply with paragraph (1), (3) or (4).

• (7) A person must not label, package, sell, advertise or promote any Scotch Whisky as falling within a category if it does not fall into that category.

Names of distilleries and distillers etc.

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• (1) The name of a distillery mentioned in Schedule 1 must not be used as a brand name, or as part of a brand name of a Scotch Whisky, or be used in a similar fashion in terms of its positioning or prominence, unless the whisky has been wholly distilled at that distillery.

• (2) Any name adopted for a Scotch Whisky distillery after these Regulations come into force, including the name of a new or re-opened Scotch Whisky distillery, must not be used by the proprietor of that distillery as a brand name, or as part of a brand name, for a Scotch Whisky, or be used in a similar fashion in terms of its position or prominence, unless the Scotch Whisky has been wholly distilled at that distillery.

• (3) But paragraph (2) does not apply in the circumstances specified in Schedule 2.

• (4) Scotch Whisky must not be labelled, packaged, advertised or promoted in any other way that, having regard to the presentation of the product as a whole, creates a likelihood that the public may think that it has been distilled at any distillery or place other than the distillery or place at which it was actually distilled.

• (5) Single Malt Scotch Whisky and Single Grain Scotch Whisky must not be labelled, packaged, advertised or promoted in any way that, having regard to the presentation of the product as a whole, creates a likelihood that the public may think that the whisky was distilled by any person other than the person who distilled it, or the owner or operator of the distillery at which it was distilled, whether by an indication that that person is the distiller, the owner or operator of the distillery, or otherwise.

• (6) A person must not label, package, advertise or promote any Scotch Whisky in a way that contravenes the requirements of paragraph (1), (2), (4) or (5), or sell any Scotch Whisky that has been labelled or packaged in that way.

Locality and region geographical indications

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• (1) A whisky or whisky-based drink must not be labelled, packaged, advertised or promoted in a way that includes the name of a protected locality or a protected region unless—

• (a) in the case of whisky, the whisky is Scotch Whisky that has been distilled in that locality or region; or